Assault Act 1870 (SA)

ANNO TRICESIMO TERTIO ET TRICESIMO QUARTO

VICTORIB REGINB.

No. 24.

An Act to nme~zd the Law relativg to Assaults.

[Assented to, 13th January, 187 1 ,]

HERXAS it is expedient to provide for the further protection Preamble.

W of' Her Majesty's subjects against vialence, and for that por-	pose to amend the law relating to assaults: Be it therefore Enacted
by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

l. From and after the passing of this Act, clauses 27, 28, and 29, Repeal of part 9 Gm.

of the Imperial Statute, No. 9 of George IV., cap. 31, shall cease to TV.,

c. 31.

have any force or effect within the said Province; and clause 56 of

the " Police Act, 1869," shall be and is hereby repealed.

2. Where any person shall unlawfully assault or beat any othcr summary puni5hment for common assault or

person, m y Special Magistrate or two Justices of the Peace for battery.

the said Province, upon complaint by, or on behalf of, the party

aggricved, may hear and dctcrmine such offence in a summmy way;

and the offender shall, upon conviction thereof before him or them,

at the discretion of such Special Magistrate or Justices, forfeit and pay such fine as shall appear to him or them to be meet, not exceeding, together with costs (if ordered), thc sum of Five Pounds; and if such fine as shall be so awarded, together with the costs, if ordered, shall not be paid, either inzmediately after the conviction, or within such period as the said Special Magistrate or Justices shall, at the time of the conviction, appoint, he or they may commit the offender to one of Her Majesty's @ols in the said L'rovince, there to

be imprisoned, with or without hard labor, for any term not exceeding

two calendar months, unless such fine and costs be sooner paid.

2 TA 3. If

112 - 330 & 34VICTORIA3, No. 24.

Law of Assaults Amendment Act.--1870-7 1.

Certificate of dia-

miasal.

3. If the Special Magistrate or Justices upon the hearing of any such case of assault or battery upon the merits, where the complaint was preferred by or on the behalf of the party aggrieved, under the preceding section, shall deem the offence not to be proved, or shall find the assault or battery to have been justified, or so trifling as not to merit any punishment, and shall accordingly dismiss the complaint, he or they shall forthwith make out a certifictttc under his or their hands, stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was preferred.

Certificate or con-

4. If any person against whom any such complaint as before- mentioned shall have been prefkrred, by or on the behalf of the party aggrieved, shall have obtained such certificate, or having been convicted, shall have paid the whole amount adjudged to be

viotion a bar

proceedings.

paid, or shall have suffered the imprisonment, or imprisonment

with hard labor, awarded, in every such case he shall be released

from all further or other proceedings, civil or criminal, for the same

cause.

Provisions of Ordi-

5. Subiect to the provisions of this Act, an Ordinance of the overn nor and ~ e ~ i s l 2 i v e

No. of Council, No. 6 of 1850, " To facilitate the

to apply to summary

convictionsunder thia ~erformance of the duties of Justices of thc Peace out of session	I
with respect to summary convictions and orders," shall be applicable
to all proceedings taken under the preceding sections of this
Act, and in any case of the adjudication of a pecuniary penalty thereunder, and of imprisonment for non-payment thereof, together with costs (if costs are awarded), the conviction may bc in the form contained in Schedule No. I 2 to the said Ordinance.

Where assau1t of an 6. If it shall appear to the Special Magistrate or Justices, upoil the

aggravated nature,

offender may be corn- hearing of any complaint for any of the matters aforesaid, that the

offence is of such an aggravated nature that it cannot, in his or their

mitted Court, or to dealt suprcme with

under d Minor	opinion, be sufficiently punished under the provisions hereinbefore
Offences Procedure	contained, such Special Magistrate or Justiccs may either conlmit

A C ~, 1869.-

The Minor Offences Procedure Act, 1869," and in the latter case such Special Magistrate or Justices shall have powcr, on conviction, to award any of the punishments mentioned in the said Act.

the person charged wit,h such offence fix trial before the Stipreme to deal with and determine the case in the manner prescribed by, and in accordance with, the provisions of

These~rOvi*iOns not

to apply t o certain

7. I n case the Special Magistrate or Justices shall find the assault or battery complained of to have been accompanied by any attempt to commit felony, he or they shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as if he or they had no authority finally to hear and determine the same: and nothing herein contained shall authorize any Special Magistrate or Justices to hear and determine in a summary way, and without the consent of the person charged given

cases.

in

33" & 34" VICTORIX, No. 24.

Law of Assaults Amendment Act.-1870-71.

in the manner prescribed by the "Minor Offences Procedure Act,

1869," any case of assault or battery in which any question shall

arise as to the title to any lands, tenements, or hercditaments, or any interest therein or accruing therefrom, or as to any insolvency, or any execution under the process of any Court of Justice.

8. Whosoever shall be convicted upon an information by the ~ $ ~ ~ ~ ~ ~ s ~ & g

Supreme Court, of any assault owasioning actual bodily harm, shall hodily ham.

be liable, at the discretion of the Court, to be imprisoned for any

term not exceeding two years, with or without hard labor; and

whosoever shall be'convicied upon an ioformation as last aforesaid

of a common assault, shall be liable, at the discretion of the Court,

cOmmO""u"~

to be imprisoned for any term not exceeding one year, with or

without hard labor.

I n th? name and on behalf of the Queen I hereby assent

to this Act.

JAMES FERGUSSON, Governor.

- - - --

Adelaide: By authority, W. C. Cox, Gtorernment Printer, North-terrace.